The US Supreme Court Just Shut Down Mexico’s Lawsuit Against American Gun Makers — And It’s Raising a Lot of Questions
A years-long legal battle between the Mexican government and American gun manufacturers came to an end today. Mexico filed a lawsuit six major gun manufacturers, including Smith & Wesson, accusing the companies and aiding and abetting cartel gun violence. The lawsuit has been making its way through the United States court system since 2021.
The U.S. Supreme Court blocked a lawsuit by Mexico
The Supreme Court, in a unanimous decision, blocked a lawsuit from Mexico’s government against American gun manufacturers. Mexico was seeking $10 billion in damages from six major gun manufacturers including Smith & Wesson, Glock, and Colt. Mexico accused the manufactures of aiding and abetting the proliferation of gun violence perpetuated by drug cartels.
CNN reports that 70 to 90 percent of guns confiscated in Mexico are made in the U.S. There is only one gun store in Mexico yet, according to numerous reports, cartels have no lack of weaponry.
Justice Elena Kagan wrote the court’s opinion, which points to the Protection of Lawful Commerce in Arms Act of 2005. The law shields gun manufacturers from lawsuits claiming culpability when their products are used in unlawful or criminal ways.
“Mexico’s complaint does not plausibly allege that the defendant manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers,” Kagan wrote. “We have little doubt that, as the complaint asserts, some such sales take place — and that the manufacturers know they do. But still, Mexico has not adequately pleaded what it needs to.”
The ruling ends a four-year battle in U.S. courts
Mexico originally filed the lawsuit in 2021, and it was blocked by a judge. The 1st Circuit Court of Appeals in Boston reopened the litigation in 2024. This gave Mexico an opportunity to pursue the lawsuit against gun manufacturers. Gun activists are celebrating the decision as protecting American manufacturers.
“Our client makes a legal, constitutionally protected product that millions of Americans buy and use,” Noel Francisco, a lawyer representing Smith & Wesson who argued the case on behalf of all the companies, said in a statement, according to NBC News. “We are gratified that the Supreme Court agreed that we are not legally responsible for criminals misusing that product to hurt people, much less smuggling it to Mexico to be used by drug cartels.”
Mexico disagrees with the Supreme Court decision. According to a statement, the Mexican government said they made “solid arguments demonstrating the harm that arms manufacturing companies cause to our country, and will continue its fight against arms trafficking.”
This isn’t the only lawsuit Mexico has in the U.S. to curb gun trafficking into the country. Mexico currently has a lawsuit against five gun dealers in Arizona that they claim helped get guns to cartels.
“The government of Mexico, on behalf of its citizens, will continue to pursue the Arizona litigation in which the defendant are gun dealers that the complaint alleges deal directly with the cartels,” Steve Shawowen, an attorney for Mexico in the case, told KAWC.
